
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1422]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                            CHAPTER 8A--GUAM
 
                   SUBCHAPTER II--THE EXECUTIVE BRANCH
 
Sec. 1422. Governor and Lieutenant Governor; term of office; 
        qualifications; powers and duties; annual report to Congress
        
    The executive power of Guam shall be vested in an executive officer 
whose official title shall be the ``Governor of Guam''. The Governor of 
Guam, together with the Lieutenant Governor, shall be elected by a 
majority of the votes cast by the people who are qualified to vote for 
the members of the Legislature of Guam. The Governor and Lieutenant 
Governor shall be chosen jointly, by the casting by each voter of a 
single vote applicable to both offices. If no candidates receive a 
majority of the votes cast in any election, on the fourteenth day 
thereafter a runoff election shall be held between the candidates for 
Governor and Lieutenant Governor receiving the highest and second 
highest number of votes cast. The first election for Governor and 
Lieutenant Governor shall be held on November 3, 1970. Thereafter, 
beginning with the year 1974, the Governor and Lieutenant Governor shall 
be elected every four years at the general election. The Governor and 
Lieutenant Governor shall hold office for a term of four years and until 
their successors are elected and qualified.
    No person who has been elected Governor for two full successive 
terms shall again be eligible to hold that office until one full term 
has intervened.
    The term of the elected Governor and Lieutenant Governor shall 
commence on the first Monday of January following the date of election.
    No person shall be eligible for election to the office of Governor 
or Lieutenant Governor unless he is an eligible voter and has been for 
five consecutive years immediately preceding the election a citizen of 
the United States and a bona fide resident of Guam and will be, at the 
time of taking office, at least thirty years of age. The Governor shall 
maintain his official residence in Guam during his incumbency.
    The Governor shall have general supervision and control of all the 
departments, bureaus, agencies, and other instrumentalities of the 
executive branch of the government of Guam. He may grant pardons and 
reprieves and remit fines and forfeitures for offenses against local 
laws. He may veto any legislation as provided in this chapter. He shall 
appoint, and may remove, all officers and employees of the executive 
branch of the government of Guam, except as otherwise provided in this 
or any other Act of Congress, or under the laws of Guam, and shall 
commission all officers that he may be authorized to appoint. He shall 
be responsible for the faithful execution of the laws of Guam and the 
laws of the United States applicable in Guam. Whenever it becomes 
necessary, in case of disaster, invasion, insurrection, or rebellion, or 
imminent danger thereof, or to prevent or suppress lawless violence, he 
may summon the posse comitatus or call out the militia or request 
assistance of the senior military or naval commander of the Armed Forces 
of the United States in Guam, which may be given at the discretion of 
such commander if not disruptive of, or inconsistent with, his Federal 
responsibilities. He may, in case of rebellion or invasion, or imminent 
danger thereof, when the public safety requires it, proclaim the island, 
insofar as it is under the jurisdiction of the government of Guam, to be 
under martial law. The members of the legislature shall meet forthwith 
on their own initiative and may, by a two-thirds vote, revoke such 
proclamation.
    The Governor shall prepare, publish, and submit to the Congress and 
the Secretary of the Interior a comprehensive annual financial report in 
conformance with the standards of the National Council on Governmental 
Accounting within one hundred and twenty days after the close of the 
fiscal year. The comprehensive annual financial report shall include 
statistical data as set forth in the standards of the National Council 
on Governmental Accounting relating to the physical, economic, social, 
and political characteristics of the government, and any other 
information required by the Congress. The Governor shall also make such 
other reports at such other times as may be required by the Congress or 
under applicable Federal law. He shall have the power to issue executive 
orders and regulations not in conflict with any applicable law. He may 
recommend bills to the legislature and give expression to his views on 
any matter before that body.
    There is hereby established the office of Lieutenant Governor of 
Guam. The Lieutenant Governor shall have such executive powers and 
perform such duties as may be assigned to him by the Governor or 
prescribed by this chapter or under the laws of Guam.

(Aug. 1, 1950, ch. 512, Sec. 6, 64 Stat. 386; Pub. L. 90-497, Sec. 1, 
Sept. 11, 1968, 82 Stat. 842; Pub. L. 97-357, title I, Sec. 104(a), Oct. 
19, 1982, 96 Stat. 1705; Pub. L. 105-362, title IX, Sec. 901(m), Nov. 
10, 1998, 112 Stat. 3290.)


                               Amendments

    1998--Pub. L. 105-362, in sixth par., struck out ``The Governor 
shall transmit the comprehensive annual financial report to the 
Inspector General of the Department of the Interior who shall audit it 
and report his findings to the Congress.'' after ``other information 
required by the Congress.'' and ``He shall also submit to the Congress, 
the Secretary of the Interior, and the cognizant Federal auditors a 
written statement of actions taken or contemplated on Federal audit 
recommendations within sixty days after the issuance date of the audit 
report.'' after ``under applicable Federal law.''
    1982--Pub. L. 97-357 substituted provisions relating to preparation, 
etc., of a comprehensive annual financial report to be submitted to the 
Congress, the Secretary of the Interior, and the Inspector General of 
the Department of the Interior, preparation of other reports as required 
by Congress or applicable Federal law, and submittal of a written 
statement of actions taken or contemplated on Federal audit 
recommendations for provisions relating to an annual report of 
transactions of the Guam government to the Secretary of the Interior for 
transmittal to Congress and such other reports as required by Congress 
or applicable Federal law.
    1968--Pub. L. 90-497 established office of Lieutenant Governor of 
Guam, provided for popular election of Governor and Lieutenant Governor, 
declared persons elected for two full successive terms as Governor 
ineligible to serve again until the lapse of a full intervening term, 
set out qualifications of eligibility for Governor and Lieutenant 
Governor, and restated powers and duties of office of Governor.


                    Effective Date of 1968 Amendment

    Section 13 of Pub. L. 90-497 provided that: ``Those provisions 
necessary to authorize the holding of an election for Governor and 
Lieutenant Governor on November 3, 1970, shall be effective on January 
1, 1970. All other provisions of this Act [see Short Title of 1968 
Amendment note set out under section 1421 of this title], unless 
otherwise expressly provided herein, shall be effective January 4, 
1971.''


                Submerged Lands, Conveyance to Territory

    Conveyance of submerged lands to the government of Guam, see section 
1701 et seq. of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1428d of this title.
